Kerala HC Mandates Strict Safety Compliance for Temporary Amusement Park at Aluva Shivaratri, Records Municipality Undertaking

Kerala High Court Mandates Strict Safety Compliance for Aluva Shivaratri Amusement Park

Kochi: In a significant ruling aimed at ensuring public safety during large festivals, the High Court of Kerala on Thursday directed the Aluva Municipality to ensure strict adherence to safety norms and obtain all necessary clearances before permitting the operation of any temporary amusement park at the Aluva Shivaratri Manappuram.

Justice DevanRamachandran issued the directive while disposing of a writ petition (WP(C) NO. 1587 OF 2024) filed by Sreejith MB, who sought a prohibition on the park's operation without mandated permissions and safety approvals as per existing government orders and previous court judgments.

The petitioner, represented by advocate Harris Beeran, expressed apprehension regarding the Municipality's past approach to such temporary establishments, alleging it was "lackadaisical" and endangered citizens. The plea emphasized the necessity of proper inspections and strict compliance with guidelines outlined in a previous judgment (Ext. P1) and a Government Order (Ext. P2) for allowing the park.

Countering the petitioner's submissions, the standing counsel for Aluva Municipality, Sri. K.T. Thomas, asserted that the Municipality's primary concern has always been the safety of devotees. He refuted any imputation of malicious intent and stated that the Municipality would, in any case, not allow the establishment and operation of a temporary amusement park without obtaining every requisite permission, approval, and clearance mandated by law, including those specified in Ext. P1 judgment and Ext. P2 Government Order. The standing counsel provided an undertaking to the court to this effect, assuring that any temporary park would operate in strict compliance with all statutory and mandatory safety requirements.

Justice Ramachandran noted that the Municipality's submission and undertaking substantially allayed the petitioner's apprehensions. The court underscored the critical importance of adhering to safety criteria for any amusement park, temporary or permanent, particularly during festivals like Shivaratri which attract a large number of people. The judgment highlighted the potential for a "cataclysmic effect" should any mishap occur in such a crowded setting.

Recording the undertaking furnished by the standing counsel for the Aluva Municipality, the High Court allowed the writ petition. The court issued a consequential direction to the Aluva Municipality to ensure that any temporary amusement park established for the Shivaratri festival scrupulously complies with the directives contained in Ext. P1 judgment and fully adheres to Ext. P2 Government Order. This compliance, the court mandated, shall be ensured through proper and necessary inspections and safety audits conducted by the Municipality.

The judgment reinforces the legal obligation of local authorities to enforce stringent safety standards for temporary public facilities, especially those involving mechanical rides and large gatherings, thereby prioritizing public safety over convenience or expediency.